Environmental legislation

• Environmental law is a body of law, which is a system of complex and

interlocking statutes, common law, treaties, conventions, regulations and
policies which seek to protect the natural environment which may be
affected, impacted or endangered by human activities.
• The main objective of these federal enactments was to assure that the
environment be protected against both public and private actions that failed
to take account of costs or harms inflicted on the eco-system.
• Environmental Laws - Crucial for environmental management in a no of
ways –
• regulates resources use
• protects environment & biodiversity
• mediation of conflict, resolution, & conciliation
• formation of stable unambiguous undertakings & agreements Most
countries are active in developing environmental Laws.
• Environmental Laws - Crucial for environmental
management in a no of ways –
• regulates resources use
• protects environment & biodiversity
• mediation of conflict, resolution, & conciliation
• formation of stable unambiguous undertakings &
agreements Most countries are active in developing
environmental Laws.
• Article48A : In the Constitution of India it is clearly stated
that it is the duty of the state to ‘protect and improve the
environment and to safeguard the forests and wildlife of
the country’.
• Article51A : It imposes a duty on every citizen ‘to protect
and improve the natural environment including forests,
lakes, rivers, and wildlife’.
• The Department of Environment was established in India
in 1980 to ensure a healthy environment for the country.
This later became the Ministry of Environment and
Forests in 1985.
 WildLife protection Act :1972
Aim : - governs wild life conservation &
protection of endangered species both inside &
outside forest areas
– to maintain essential ecological process &
life supporting systems
– to preserve bio diversity
In India 134 animal species have been
threatened , of which are 71 mammals, 47 birds &
15 reptile species.
• Implementation Authority: Central Government
• Implemented in all states except in Jammu & Kashmir(which has its own
act)
• Action plan :
• Establish national parks, sanctuaries & biosphere reserves and a network of
officials to advice government & in charge of conservation
• Activities & provisions
• Formation of Wild life advisory board with wild life warden & members &
specify their duties & powers
• Listing of endangered species of wild life species & emphasised prohibition
of hunting of endangered species
• Provisions for Protection of endangered plants (Cycad, Pitcher plant etc)
Selection of areas to be declared as Reserves, National parks, sanctuarires
etc Impose ban on trade or commerce in some wild species,
• Provisions for trade & commerce in some species
with licence for sale, possession etc
• Prohibition –of entry into sanctuaries with
weapons ,in use of injurious substances & in
causing fire Undertakes the captive breeding of
endangered wild animals Provides legal powers to
officers to punish offenders
• Violators of any provisions of the Act shall be
punishable with imprisonment , fine or both.
• Drawbacks:
• Penalty is very less compared to the magnitude of crime
• Illegal trade in J&K is uncontrollable
• People having personal ownership certificate for animals
(tiger and leopard) are exempted from punishment.
• People owning mobile Zoo’s are not covered.
 WATER (PREVENTION & CONTROL OF
POLLUTION ) ACT (1974)
To maintain or restore the wholesomeness of water Prevention & control of
water pollution
• Implementation Authority: Central Pollution Control Board and State
Pollution Control Board
• Implemented: All Indian states
• Activities
• Function of CPCB
• Advising central govt on matters regarding water pollution & control
• Provide technical assistance & guidance to SPCB, promote research in
evolving economical reliable methods of sewage treatment etc
• Organise training of Personnel engaged in water pollution
control, Preparation of manual , codes or guides for treatment & disposal of
sewage & effluents Compilation & publication of technical & statistical data
relating to water pollution.
Functions of SPCB
Plan comprehensive programmes for prevention , control & abatement
of water pollution

Collobrate with CPCB for organizing programmes on water pollution

control & to spread the information thro mass media

Inspect effluents & waste water treatment plants and draw sample for
analysis at any time; can demand information from industries , relating
to matter discharged into water bodies

Establish or recognize laboratories for water sample analysis

Prescribe effluent standards for sewage, effluents to be discharged in

water bodies Penalty:
Violators of Act are imprisoned or fined or both.
Water Cess Act (1978)

Aim / Scope: To collect tax (cess) for using water resource in order to
prevent exploitation.

Implementation Authority: State Government and Central Government

Implemented: All Indian states

Activities:
To decide the number and depth and grant permission for digging bore
wells by industries/ domestic purpose.
To install meters for checking the actual usage of water
To impose and collect levy for the water used by industries/residence
To monitor the implementation of water quality standards by industries
before discharging
 FOREST CONSERVATION ACT (1980)

• Objective :
• To conserve and check indiscriminate deforestation & diversion of forest
land to non forest purpose
• To ensure judicious use of forest products Implemented in all states
except J &K Salient features / Provisions
• A forest land can be constituted as Reserve Forest by State Govt after
stating the consequences that will ensure the reservation of such a
forest
• Prohibition of pasturing of cattle, clearing of vegetation, clearing land for
cultivation in any forest or wasteland by State Govt.
• Declare any tree or trees as reserved in protected areas by State Govt.
• Prohibit Quarrying of stone or lime or burning of charcoal or removal of
any forest produce in protected forest
• Regulate granting of licenses to inhabitants living in the vicinity of
protected forest to take timber / other forest produce for trade purpose
• Penalties for violation
• Imprisonment or fine or both for any one violates the provisions of the
act or commits offence such as clearing land, cutting or burning trees,
quarrying of stones etc in protected or reserved forest.
 Air Act(1981)
• Objective of the Act :
• Prevention , control & abatement of air pollution Maintaining air
quality
• Establishment of Boards for prevention & control of air pollution.
• Authority: Central Pollution Control Board and State Pollution
Control Board established under Water Act.
• Objective of the Act :
• Prevention , control & abatement of air pollution Maintaining air
quality
• Establishment of Boards for prevention & control of air pollution.
• Authority: Central Pollution Control Board and State Pollution
Control Board established under Water Act.
Provisions:

Function Of SPCB

Declaration of any area / areas as Air pollution Control Area by

State Govt in consultation with SPCB & prohibit the use of any fuel
or appliances likely too cause air pollution

Specify emission standards of air pollutants from industrial plants

& automobiles and ensure the laid standards are complied

Prohibit operation of any industrial plant without prior permission

in an Air Pollution Control area

Empowered to enter, inspect or Test any industrial plant, record,

register, equipment etc.

Empowered to take samples of air or emissions from any chimney,

duct etc for analysis & send the same to recognized laboratories
for analysis.
Function Of CPCB

Advice central Govt. on matters regarding prevention & control

of air pollution Plan & Execute nation wide programmes.
Provide technical assistance & guidance to State Boards to
carry out research in prevention & control of air pollution
Plan & organize training programmes for persons engaged in
air pollution control Compilation & publication of technical &
statistical data relating to water pollution Organise
programmes for air pollution control thro’ mass media
The Environment (Protection) Act, 1986 (An Umbrella Legislation)

The EPA (Environment Protection Act), 1986 came into force soon after the Bhopal Gas
Tragedy and is considered an umbrella legislation as it fills many gaps in the existing
laws

A comprehensive Legislation to deal with water, air, and land pollution, harmful wastes &
storage, handling and transportation of hazardous chemical & wastes

Objective:

To protect & improve the environment

To prevent hazard to all human beings, other living creatures, plants and property;

Authority : Central government in coordination with state Govt

Features/ Provisions

Defines Environment, Environmental pollutant, Environmental pollution & Hazardous

substance
Central Govt empowered –

To Constiute authorities to exercise & perform the powers & functions of central Govt

To plan & execute a nation wide programme for prevention, control & abatement of
environmental pollution

To set up standards of quality of air /water /soil for various areas 7 purposes To lay down
procedures & safety measures of handling hazardous substance To demarc & segregate
industrial areas from non-industrial ones
To inspect premises, plant, manufacturing process, equipment or machinery and give
directions to prevent, control and abate environmental pollution

State Govt functions-

Encourage industries to recycle & reuse waste, recover bio-gas & reusable materials
 Non-governmental Organization
• Voluntary organizations creating environmental awareness through
academic, scientific & real life practical activities
• It includes academic, industrial experts & common man
• Need for NGO’s - pollution control acts enforced by govt alone
cannot effectively work in controlling pollution - to bring about
significant pressure on polluting industries for adopting pollution
control measures - - to educate public on environmental related
issues.
• In India about 5000 NGO’s have been given financial assistance
by Central Board for creating & improving the environmental
awareness among the public.
Functions Of NGO’s

1. conduct preliminary surveys to identify source of the pollution in a

given place
2. to keep vigil on over abstraction of water from a source / discharge of
sewage by any industry
3. to keep vigil against pollution in an area/ water/ air etc & report it State
pollution control board
4. to conduct sampling & analysis of river / well water to establish its
quality
5. to provide information related to possible causes of pollution of water
body/land/ air
6. to provide information regarding prohibition on use for disposal of
polluting matters
7. to publish details regarding restricted areas where industrial operations
shall not be carried out or shall be carried out subject to certain safe –
guard measures
 Summary
• For sustainable development society must meet the needs of the population and
address social and economic inequality.
• Managing resources efficiently and maximizing the benefits.
• Over the years, rising populations, growing industriazlisation and expanding
agriculture have pushed up the demand for water efforts.
• Water conservation is the judicious use and protection of water resources and
involves both the quantity and quality of water used.
• Rainwater harvesting essentially means collecting rainwater on the roofs of buildings
and storing it underground for later use.
• Watershed management involves harmonious development and utilization of land,
water, vegetation, human, animal and other resources on an integrated basis.
• Legislation has been passed for the protection of wildlife and forests as well as for
control of both air and water pollution.
• Several non-governmental organizations have highlighted local environmental
problems.
• Programs aimed at school children, including the formation of nature club and
orgainsing nature camps.
 Questions

• What is sustainable development?

• What is watershed?
• Give advantages of rainwater harvesting
• What are the main problems faced in rehabilitation of
people affected in irrigation projects?
• Write and essay on environmental legislations in India.